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FORTY-FIFTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, February 23, 2000
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Brown, Finkbeiner, Sellar, Shin and Swecker. On motion of Senator Honeyford, Senator Sellar was excused. On motion of Senator Eide, Senators Bauer, Brown and Shin were excused.
The Sergeant at Arms Color Guard, consisting of Pages Shana Heavey and Ryan Green presented the Colors. Reverend Tammy Stampfli, pastor of the Westminster Presbyterian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
February 22, 2000
SB 6216 Prime Sponsor, Senator Haugen: Defining rural counties for purposes of sales and use tax for public facilities in rural counties. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fraser, Long, Rasmussen, Rossi, B. Sheldon, Spanel, Thibaudeau, Wojahn and Zarelli.
Passed to Committee on Rules for second reading.
February 22, 2000
SB 6399 Prime Sponsor, Senator Eide: Modifying the commute trip reduction tax credit. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6399 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fraser, Kline, Kohl-Welles, Long, McDonald, Rasmussen, B. Sheldon, Spanel, Thibaudeau and Wojahn.
Passed to Committee on Rules for second reading.
February 21, 2000
HB 1070 Prime Sponsor, Representative Romero: Authorizing the general contractor/construction manager contracting procedure for school district capital projects. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass as amended. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
February 21, 2000
HB 2397 Prime Sponsor, Representative Scott: Revising provisions relating to local government fiscal notes. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
February 21, 2000
SHB 2528 Prime Sponsor, House Committee on Local Government: Regulating capacity charges for sewage facilities by metropolitan municipal corporations. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
February 21, 2000
HB 2536 Prime Sponsor, Representative Miloscia: Concerning the general contractor/construction manager procedure of public works contracting. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
February 22, 2000
HB 2579 Prime Sponsor, Representative Lambert: Making technical corrections to the implementation of the federal personal responsibility and work opportunity reconciliation act of 1996. Reported by Committee on Labor and Workforce Development
MAJORITY Recommendation: Do pass. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Hochstatter, Kline, Oke and Wojahn.
Passed to Committee on Rules for second reading.
February 22, 2000
EHB 2609 Prime Sponsor, Representative Carrell: Allowing agents to give notice of dishonored checks. Reported by Committee on Commerce, Trade, Housing and Financial Institutions
MAJORITY Recommendation: That the bill be referred to Committee on Judiciary. Signed by Senators Prentice, Chair; Benton, Gardner, Hale, Heavey, Rasmussen, T. Sheldon and Winsley.
Referred to Committee on Judiciary.
February 21, 2000
HB 2650 Prime Sponsor, Representative Romero: Simplifying agency to agency transfer of small amounts of personal property. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass as amended. Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
February 22, 2000
HB 2686 Prime Sponsor, Representative Tokuda: Updating definitions of income and resources. Reported by Committee on Labor and Workforce Development
MAJORITY Recommendation: Do pass. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Hochstatter, Kline, Oke and Wojahn.
Passed to Committee on Rules for second reading.
February 21, 2000
HB 2765 Prime Sponsor, Representative McIntire: Authorizing delegation of authority regarding revenue bonds for port districts. Reported by Committee on State and Local Government
MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.
Passed to Committee on Rules for second reading.
February 22, 2000
HB 2926 Prime Sponsor, Representative DeBolt: Repealing certain coal tax exemptions. Reported by Committee on Energy, Technology and Telecommunications
MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Goings, Vice Chair; Fairley, Fraser, Hochstatter and Roach.
Passed to Committee on Rules for second reading.
REPORT OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENT
February 22, 2000
GA 9281 JOSEPH J. PINZONE, reappointed September 22, 1999, for a term ending June 30, 2003, as a member of the Work Force Training and Education Coordinating Board.
Reported by Committee on Labor and Workforce Development
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Fairley, Chair; Franklin, Vice Chair; Hochstatter, Kline, Oke and Wojahn.
Passed to the Committee on Rules.
MESSAGE FROM SENTENCING GUIDELINES COMMISSION
STATE OF WASHINGTON
SENTENCING GUIDELINES COMMISSION
925 Plum Street SE, Building 4, Second Floor
Post Office Box 40927
Olympia, Washington 98504-0927
February 14, 2000
Dear Senator:
Enclosed you should find a copy of the latest report from the Sentencing Guidelines Commission, entitled "The Sentencing Reform Act at Century's End." On behalf of the Commission, I have transmitted the report to the Governor and to the Legislature pursuant to RCW 9.94A.040(2)(a)(ii). The report assesses the current status of sentencing policy and practice in Washington under the Sentencing Reform Act, and identifies current key issues related to the state's structured sentencing system.
This report is the result of a year-long series of discussions held by the full Commission during 1999, addressing each of the stated purposes of the Sentencing Reform Act. In consideration of the historical context of the Act, the Commission has evaluated the extent to which the Act's stated purposes are being achieved and whether they remain relevant to current sentencing practice in Washington.
The Commission hopes this report will help foster a better understanding of Washington's felony sentencing system and of ways in which that system can be improved. I hope you find the report informative and useful as you continue to work with your colleagues on issues related to pubic safety and criminal justice.
If you have any questions concerning the enclosed report, or if you should need further information regarding any other Commission publications or activities, please feel free to call the Commission office at 360/956-2130.
Sincerely,
David Boerner, Chair
Sentencing Guidelines Commission
The Sentencing Guidelines Commission report "The Sentencing Reform Act at Century's End" is on file in the Office of the Secretary of the Senate.
INTRODUCTION AND FIRST READING
SB 6856 by Senators Goings, Gardner, Haugen, Prentice and Jacobsen
AN ACT Relating to transportation funding; amending RCW 82.08.020, 43.89.010, 46.12.040, 46.68.035, 82.36.380, 82.38.270, 43.43.115, 43.84.092, 46.01.140, 46.16.010, 46.32.090, 46.32.100, 46.68.030, 47.68.255, 63.35.040, 63.35.050, 82.48.020, 82.49.010, 88.02.118, 46.61.440, 46.63.110, 46.68.041, 43.88.020, 43.88.030, 43.88.120, 43.88.122, 44.40.070, 82.14.045, 82.45.010, and 35.21.755; reenacting and amending RCW 43.84.092, 43.84.092, 43.84.092, 46.61.5054, 43.59.150, 82.04.050, and 82.36.025; adding a new section to chapter 43.59 RCW; adding a new section to chapter 46.64 RCW; adding new sections to chapter 81.112 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.29A RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 82.36 RCW; adding a new chapter to Title 82 RCW; creating new sections; repealing RCW 46.68.260 and 82.44.180; providing effective dates; providing retroactive effective dates; providing an expiration date; and declaring an emergency.
Referred to Committee on Transportation.
MOTION
On motion of Senator Betti Sheldon, the following bills which were left on the Second and Third Reading Calendars were returned to the Committee on Rules:
SECOND READING
SB 5172 f HIV testing of offenders
SB 5351 f Indecent exposure
SB 5388 f Dental hygienists/sealants
SB 5405 f Ballot names rotation
SB 5469 Bid amounts/inflation
2ESSB 5470 f Chemically related illnesses
SB 5481 Manufactured housing siting
SB 5493 Vessel DUI
ESB 5631 f Vocational rehabilitation
SB 6116 f Judges pro tempore
SB 6143 f Lottery for baseball stadium
SB 6146 f Cheating at gambling
SB 6148 f Mining in flood plains
SB 6159 Air pollution control authorities
SB 6176 f Warehouse receipts
SB 6192 f Dog/cat fur sale labeling
SB 6253 Custom meat slaughter
SB 6281 f Ferries as no smoking areas
SB 6338 f Liquor agencies advisory com
SB 6352 The Rev. M.L. King, Jr.
SB 6356 f Contractors/consumer protection
SB 6379 Attorneys' fees
SB 6388 f Traffic control/roadway illumination
SB 6398 f Boarding homes
SB 6428 f Pollution liability ins
SB 6430 f Oil tanker spill prevention
SB 6435 f Electrical energy sales tax
SB 6437 f Trade name registrations
SB 6443 Surplus personal property
SB 6445 Ballot title laws
SB 6498 DNA testing/death sentence
SB 6500 Nonprofit organizations/ information services
SB 6505 Nuclear power sites
SB 6509 f Child support documents
SB 6510 f Federal personal/responsibility act
SB 6511 f Patients in state hospitals
SB 6519 Growth management
SB 6527 $f School employee housing assistance
SB 6565 f Motorcycles
SB 6588 f Bingo games
SB 6596 Initiatives and referendums
SB 6608 Human services agency
SB 6742 Victims/juvenile offenses
SB 6747 High technology/higher education
SB 6778 Water-sewer district
SJM 8011 Unilateral trade sanctions
SJM 8016 Douglas fir bark beetles
SCR 8424 Environmental protection
THIRD READING
ESSB 5000 f Salmon species license plates
SSB 5050 Intractable pain treatment
ESSB 5205 Cruelty to animals
SSB 5285 Nuisances
SSB 5325 Unincorporated area councils
SSB 5482 f Medical research records
SB 5519 Growth management/project review
SSB 5522 f TANF work activity
SSB 5900 Political campaign advertising expenditures
SCR 8409 Veterans and military affairs
MOTION
On motion of Senator Betti Sheldon, Senate Bill No. 6067 and Senate Bill No. 6304 were held on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the eighth order of business.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 2000-8730
By Senators Sheldon, B., Roach, Spanel, Kohl-Welles, Fairley, Prentice, and Rasmussen
WHEREAS, For over fifty years, the staff and volunteers of Washington State's YMCA Youth and Government have been helping young people experience democracy in action through two successful programs, the YMCA Youth Legislature and the YMCA Mock Trial Competition; and
WHEREAS, The YMCA Youth Legislature will meet for its fifty-third session from May 3, 2000, through May 6, 2000, and expects over four hundred-forty participants; and
WHEREAS, The YMCA Mock Trial Competition began twelve years ago, and continues this year from March 26, 2000, through March 27, 2000, and expects over five hundred participants; and
WHEREAS, The goals of the YMCA Youth and Government programs are to foster the development of citizen responsibility and communication skills; to inspire young people to develop integrity and social responsibility; to foster social competence; problem-solving ability; autonomy; and sense of purpose in young adults; to provide training; experience; and active participation in the legislative and judicial processes; to provide opportunities to hear and respect varying viewpoints; and to apply ethical values in making public policy; and
WHEREAS, Through participation in the YMCA Youth and Government programs, young people in Washington State develop a strong sense of self-reliance and self-esteem; and
WHEREAS, In the YMCA Youth Legislature, young adults take on a variety of roles in government, including elected positions, and exercise their responsibilities during a four day session held at the State Capitol; and
WHEREAS, Through the YMCA Youth Legislature, young adults learn how to write legislation, use parliamentary procedure, speak publicly and persuasively, and compromise to achieve a goal; and
WHEREAS, The motto of the YMCA Youth Legislature is Democracy Must Be Learned by Every Generation; and
WHEREAS, In the YMCA Mock Trial Competition, young adults prepare and try a case before a real judge in an actual courtroom; and
WHEREAS, Through the YMCA Mock Trial Competition, young adults develop critical thinking and analytical skills, learn the art of oral advocacy, and appreciate the importance of teamwork and cooperation under the pressure of preparing and arguing their cases; and
WHEREAS, The Legislature of the state of Washington encourages the interests of our youth in legislative matters and in the proceedings of the Legislature;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor YMCA Youth and Government programs.
MOTION
On motion of Senator Wojahn, the following resolution was adopted:
SENATE RESOLUTION 2000-8732
By Senators Wojahn, Deccio, Thibaudeau, Fraser, Spanel, Roach, Fairley, Prentice, and Rasmussen
WHEREAS, The Arts enhance the lives of the people of the state of Washington; and
WHEREAS, The Arts have long been a part of community development with thousands of Artists commissioned through the Works Progress Administration (WPA) during the 1930's; and
WHEREAS, Washington continues to benefit from the contributions of the state's many Arts agencies, facilities, organizations and individual artists, including photographers, playwrights, actors, directors, writers, musicians, painters, carvers, sculptors, weavers, and craftspeople; and
WHEREAS, The Arts stimulate creative thinking, and full brain development, assist with the teaching of other subjects, encourage self-expression, promote common understanding, and transmit cultural values to future generations; and
WHEREAS, The Arts enable lifelong learning, are essential to a basic education, and foster logical analysis, self-discipline, and cooperation; and
WHEREAS, The Arts contribute to the economic development in our state's communities by generating millions of dollars in revenue each year through performances, projects, exhibitions, festivals, art walks, craft fairs, and concerts; and
WHEREAS, The Arts of Washington State have received international acclaim for the quality of our Artists, Arts Educators, and Arts Institutions, drawing audiences from across the nation and the world to the Northwest, and making cultural tourism a vital part of our
economy;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the Arts, Artists, Arts Educators, and Arts Institutions of this state, and encourage all the citizens of Washington State to join the conversation in planning on the Arts as we address the issues and opportunities for Arts and culture for our state and our communities.
BE IT FURTHER RESOLVED, That a copy of this Resolution be immediately transmitted by the Secretary of the Senate to the Washington State Arts Commission and the Office of the Superintendent of Public Instruction on behalf of all the Artists, Arts Educators, and Arts Institutions of this state.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9227, Frank L. Cassidy, Jr., as a member of the Salmon Recovery Funding Board, was confirmed.
APPOINTMENT OF FRANK L. CASSIDY, JR.
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senators Finkbeiner and Swecker - 2.
Excused: Senators Bauer, Brown, Sellar and Shin - 4.
MOTION
On motion of Senator Eide, Senator Patterson was excused.
MOTION
On motion of Senator Honeyford, Senator Finkbeiner was excused.
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9271, Brenda P. McMurray, as a member of the Salmon Recovery Funding Board, was confirmed.
APPOINTMENT OF BRENDA P. McMURRAY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Bauer, Finkbeiner, Patterson, Sellar and Shin - 5.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Apple Blossom Festival Queen Chelsea Waliser, and Princesses Mary Beth Brewer and Alison Brigleb, who were seated on the rostrum.
With permission of the Senate, business was suspended to permit Queen Chelsea to address the Senate.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9280, James L. Peters, as a member of the Salmon Recovery Funding Board, was confirmed.
APPOINTMENT OF JAMES L. PETERS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Bauer, Finkbeiner, Patterson, Sellar and Shin - 5.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
MOTION
On motion of Senator McCaslin, Gubernatorial Appointment No. 9125, Richard Hemstad, as a member of the Utilities and Transportation Commission, was confirmed.
APPOINTMENT OF RICHARD HEMSTAD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Absent: Senator Heavey - 1.
Excused: Senators Bauer, Finkbeiner, Loveland, Patterson, Sellar and Shin - 6.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Heavey, the following resolution was adopted:
SENATE RESOLUTION 2000-8731
By Senators Heavey, Johnson, Long, Franklin, Spanel, Roach, Fraser, McCaslin, Sheldon, B., Goings, Fairley, Prentice, Rasmussen, McAuliffe, and Kohl-Welles
WHEREAS, Many men and women from Washington State have served and continue to serve their communities as dedicated law enforcement officers; and
WHEREAS, The brave men and women of law enforcement frequently place their own safety at risk to help us all live in safer, healthier communities; and
WHEREAS, Under difficult circumstances, the honorable men and women of law enforcement valiantly put themselves on the line to protect both persons and property during the recent events surrounding the World Trade Organization conference in Seattle; and
WHEREAS, The men and women of law enforcement steadfastly protected rights of the guests, visitors, and residents of Seattle including many thousands of peaceful and law-abiding demonstrators from unions, churches and other organizations; and
WHEREAS, The outstanding men and women of law enforcement should be recognized for their courage in respecting the rule of law, maintaining the safety of the public, and proving their character and fortitude in taking a leadership role in keeping the peace;
NOW, THEREFORE, BE IT RESOLVED, That the Senate express its heartfelt appreciation to men and women of law enforcement for their dedicated service and their recent performance in ensuring the well-being of our citizens; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to each law enforcement agency that participated in Seattle during the World Trade Organization conference, including the Auburn Police Department, Bainbridge Island Police Department, Bonney Lake Police Department, Bothell Police Department, Brier Police Department, Buckley Police Department, Covington Police Department, Des Moines Police Department, Edmonds Police Department, Enumclaw Police Department, Everett Police Department, Federal Way Department of Public Safety, Gig Harbor Police Department, Issaquah Police Department, Kent Police Department, King County Department of Adult and Juvenile Detention, King County Sheriffs Office, Kirkland Police Department, Kitsap County Sheriffs Office, Lake Forest Park Police Department, Lake Stevens Police Department, Lynnwood Police Department, Marysville Police Department, Mercer Island Police Department, Mill Creek Police Department, Milton Police Department, Monroe Police Department, Mountlake Terrace Police Department, Mukilteo Police Department, Orting Police Department, Pacific Police Department, Pierce County Sheriffs Department, Port of Seattle Police Department, Redmond Police Department, Renton Police Department, Seattle Police Department, Snohomish County Sheriffs Office, Snohomish Police Department, Sultan Police Department, Sumner Police Department, Tacoma Police Department, Tukwila Police Department, University of Washington Police Department, Washington State Department of Corrections, and the Washington State Patrol.
Senators Heavey, Johnson, Franklin, Oke, Kline, Roach, Rasmussen, Prentice and McAuliffe spoke to Senate Resolution 2000-8731.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced and thanked the Law Enforcement Officers, who were seated in the gallery.
MOTION
At 10:59 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, February 24, 2000.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate